Discretionary Sex Offender Registration Upheld by California Supreme Court

In Apprendi v. New Jersey (2000) 530 U.S. 466 the Supreme Court established that a criminal defendant generally has the Sixth Amendment right to a jury determination, beyond a reasonable doubt, of any fact that increases the penalty for a crime beyond the prescribed statutory maximum.

Today, the California Supreme Court decided that Apprendi does not invalidate a discretionary (not mandatory) requirement made by a judge (not a jury) that a convicted criminal defendant must register as a sex offender for life. The Court was deciding whether to uphold registration for a simple misdemeanor assault conviction where the jury acquitted the defendant of the greater felony charge alleging a lewd act on a child under the age of 14, pursuant to Penal Code section 288.

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The trial court decided that the defendant should register as a sex offender even though he was acquitted of the felony child molestation charge. The judge decided pursuant to Penal Code section 290.006 that the evidence established beyond a reasonable doubt that the assault was committed as a result of sexual compulsion or for purposes of sexual gratification.

Section 290.006 provides: “Any person ordered by any court to register… for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification.”

The defendant claimed that his registration order is invalid because it increased the maximum penalty, or punishment, for his simple assault conviction and was imposed solely on the basis of findings made by a judge, not a jury. The court had no problem rejecting this claim on the basis that lifelong sex offender registration is not punishment, therefore, Appredi simply does not apply.

If you are facing sex crime allegations or charges of any kind, contact an experienced California sex crimes attorney as soon as possible. For a free and confidential consultation, you can (619) 232-5122 call San Diego sex crimes attorney Domenic J. Lombardo today at (619) 232-5122.

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Domenic Lombardo

Domenic J. Lombardo, Attorney at Law and a member of California Attorneys for Criminal Justice (CACJ), graduated from University of California, Los Angeles (UCLA), earning a B.A. in Economics-Business, before graduating with his J.D. from University of California, Hastings School of Law. Mr. Lombardo has been practicing as a criminal defense lawyer in San Diego for nearly 30 years, having started at the San Diego Office of the Public Defender in 1991 and then opened the Law Office of Domenic J. Lombardo in early 1996 as a sole practitioner. His practice is dedicated entirely to the defense of individuals accused of crimes and university misconduct, including Title IX allegations. While Mr. Lombardo works as the primary attorney for all his cases, he does have a team of investigators, forensic consultants, and paralegals to call on to help achieve the best possible result in every case. When he is not working, Mr. Lombardo is a family man, triathlete, and world traveler.

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